Florida is known as a landlord-friendly state with fewer tenant protections than places like California or New York. But Miami renters still have important rights under Florida law. This guide covers everything you need to know—plus unique Miami considerations like building safety and flood zones.
⚠️ Building Safety: A Critical Miami Issue
After the 2021 Surfside condo collapse that killed 98 people, Florida enacted strict building inspection requirements. Before renting, always verify:
- • 40-year building recertification status
- • Flood zone classification
- • Hurricane preparedness (shutters, impact windows)
- • Condo association reserve funds
Important: Florida Has No Rent Control
Florida state law prohibits cities from enacting rent control. Your landlord can raise your rent by any amount with proper notice. This makes researching your building and landlord before signing a lease critical.
Important Contacts
Your Right to Habitable Housing
Under Florida Statute 83.51, landlords must maintain rental units in compliance with building, housing, and health codes. This includes:
- Working A/C — Essential in Miami's tropical climate
- Plumbing — Hot and cold running water, functioning toilets
- Structural integrity — Safe floors, walls, roof, stairs
- Locks — Working locks on all exterior doors and windows
- Pest control — Building must be free from rodents and pests
- Garbage removal — Functioning waste disposal
- Smoke detectors — Required by Florida Fire Prevention Code
Flood Zone Awareness
Over 55% of Miami properties are in flood zones. Ask your landlord about the property's flood zone designation and whether flood insurance is required. You may want to purchase renter's insurance with flood coverage.
How to Get Repairs Done (The Florida Process)
- Notify your landlord in writing — Describe the problem and date of the notice. Keep a copy!
- Send via certified mail — For serious issues, certified mail creates proof of delivery.
- Wait 7 days — Florida law gives landlords 7 days for essential services, 20 days for other repairs.
- If no repair: You have options — See remedies below.
Florida Repair Remedies
If your landlord fails to make required repairs after proper written notice:
- Withhold rent — For material violations affecting health/safety (but follow the exact legal process!)
- Terminate the lease — After 7 days' written notice for essential service failures
- Repair and deduct — Not explicitly allowed in Florida; consult a lawyer first
- Sue for damages — In small claims or county court
Important: Florida's withholding rent requirements are very specific. The rent must be held in a separate account. Consult Legal Services of Greater Miami at (305) 576-5001 before withholding.
Security Deposit Rights
Florida has specific rules about security deposits under Florida Statute 83.49:
- No maximum amount — Florida has NO limit on security deposit amounts
- Interest optional — Landlord may (but isn't required to) pay interest on deposits
- Return deadline (no claim) — 15 days if landlord makes no claim on deposit
- Return deadline (with claim) — 30 days if landlord claims deductions; must send itemized list
- Normal wear and tear — Cannot be deducted
💡 Pro Tip: Certified Mail for Forwarding Address
When you move out, send your forwarding address to your landlord via certified mail. If the landlord fails to return your deposit or send an itemized claim within 30 days, they forfeit the right to keep any of your deposit.
Eviction Process
Even without rent control, Florida law requires landlords to follow a specific eviction process. They cannot simply kick you out or change the locks.
The Legal Eviction Process in Florida
3-day notice for non-payment; 7-day notice for lease violations (with chance to cure)
If you don't pay or leave, landlord files eviction in County Court
You receive court papers — you have 5 days to respond (excluding weekends/holidays)
If you respond, a hearing is scheduled. You can defend yourself or have a lawyer.
If landlord wins, court issues a Final Judgment for Possession
Only the Sheriff can physically remove you (24-hour notice posted on door)
Get free legal help from Legal Services of Greater Miami at (305) 576-5001.
Illegal Eviction Tactics
Your landlord CANNOT do these without a court order:
- • Change your locks
- • Remove your belongings
- • Shut off utilities (A/C, water, electricity)
- • Threaten or harass you to leave
- • Remove doors or windows
If this happens, call the police and contact a lawyer immediately. You may be entitled to damages.
Rent Increases
Since Florida prohibits rent control, landlords can raise rent by any amount. However:
- During a lease — Landlord cannot raise rent unless your lease specifically allows it
- At lease renewal — Landlord can raise rent to any amount with proper notice
- Month-to-month — Landlord must give at least 15 days notice before a rent increase
- Year-to-year — Landlord must give 60 days notice
- Retaliation prohibited — Landlord cannot raise rent in retaliation for complaints
Hurricane Season Rights
Miami's hurricane season (June 1 - November 30) creates unique considerations:
- Landlord must maintain — Hurricane shutters or impact windows if provided
- Access for storm prep — You must allow landlord access to install shutters
- Evacuation orders — You may need to evacuate; this doesn't break your lease
- Storm damage — If unit is uninhabitable, you may be able to terminate lease
- Rent abatement — If unit is partially damaged, you may be entitled to rent reduction
How to File Complaints
Where to File Complaints
Housing code violations, unsafe conditions. Call (305) 416-1133 or file via Miami 311.
Building safety issues, 40-year recertification concerns. Call (786) 315-2000.
Security deposit disputes up to $8,000. No lawyer required.
Housing discrimination complaints. File at hud.gov or call (800) 669-9777.
Free Legal Help
Miami has several organizations that provide free legal help to tenants:
- Legal Services of Greater Miami — (305) 576-5001 — Free legal help for low-income tenants
- Florida Rural Legal Services — (877) 448-4357 — Serves Miami-Dade County
- Dade County Bar Association — Lawyer referral service
- Community Justice Project — Tenant rights advocacy
Research Your Landlord
Because Florida has fewer tenant protections, researching your landlord and building before signing is even more important. This is especially true in Miami with building safety concerns.
Check Building History
StreetSmart tracks 180,000+ Miami properties with code violations, flood zones, and building safety data. Check any address before you rent.